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2018 Georgia Code 9-13-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-9 Case Law from Google Scholar Amendments to OCGA 9-13-9

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 1 GENERAL PROVISIONS

9-13-9. When execution returnable.

All executions, except as otherwise provided by this Code, shall be made returnable to the next term of the court from which they issued.

(Orig. Code 1863, § 3557; Code 1868, § 3580; Code 1873, § 3635; Code 1882, § 3635; Civil Code 1895, § 5416; Civil Code 1910, § 6021; Code 1933, § 39-125.)

Law reviews.

- For note discussing procedures required to effect a levy of execution, see 12 Ga. L. Rev. 814 (1978).

JUDICIAL DECISIONS

Meaning of "next term".

- This section means that executions shall be returnable to the next term after the money can be lawfully made. Chamberlin & Co. v. Beck, Gregg & Co., 68 Ga. 346 (1882).

Section applicable to foreclosure of security interest.

- Former Code 1933, § 67-701 (see now O.C.G.A. § 44-14-230), relating to the foreclosure of security interests, did not make provision for the execution to be returnable to any particular term of court, so former Code 1933, § 39-125 (see now O.C.G.A. § 9-13-9) would apply. Youmans v. Consumers Fin. Corp., 77 Ga. App. 373, 48 S.E.2d 684 (1948).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 217 et seq.

C.J.S.

- 33 C.J.S., Executions, §§ 511, 512.

ALR.

- Execution: effect of return made after return day, 2 A.L.R. 181.

Return on execution as subject to contradiction, explanation, or amplification, 129 A.L.R. 1364.

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